Bill Text: IN HB1109 | 2013 | Regular Session | Introduced
Bill Title: Controlled projects.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2013-01-29 - Representative VanDenburgh added as coauthor [HB1109 Detail]
Download: Indiana-2013-HB1109-Introduced.html
Citations Affected: IC 6-1.1-20; IC 20-46-1-19.
Synopsis: Controlled projects. Adds a definition of "amount financed"
to the controlled projects statute. Defines the term as meaning, for
purposes of a preliminary determination to issue bonds or enter into a
lease made by a political subdivision after June 30, 2013, the cost of a
project minus the sum of the cash committed to payment for the project
by the political subdivision itself, by the federal government, and by
any other entity contributing to the project. Restates the thresholds in
current law differentiating between controlled projects that are subject
to the petition and remonstrance process and those that are subject to
the referendum process in terms of the controlled project's amount
financed instead of the controlled project's cost. Changes the waiting
period required for subsequent referenda for controlled projects and for
a school's referendum fund to provide that if the first referendum is
held on a May or November election date, a subsequent referendum
may be held at the next comparable (May or November) election date
even though it may be a few days less than one full year later. Retains
the one year rule if a special election is used. Makes a technical
correction.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Ways and Means.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
(1) For a preliminary determination to issue bonds or enter into a lease made before July 1, 2013, the cost of the project.
(2) For a preliminary determination to issue bonds or enter into a lease made after June 30, 2013:
(A) the cost of the project; minus
(B) the sum of:
(i) the cash available to a political subdivision that was reserved exclusively for expenditure on the project's costs in a resolution or ordinance adopted by the proper officers of the political subdivision;
(ii) money received in the form of a donation or a grant for expenditure on the project's costs from an entity not controlled by the political subdivision; and
(iii) money for a project attributable to a grant commitment or similar instrument from an agency or affiliate of the federal government that reimburses the political subdivision for the political subdivision's expenditures on the project.
(1) A project for which the political subdivision reasonably expects to pay:
(A) debt service; or
(B) lease rentals;
from funds other than property taxes that are exempt from the levy limitations of IC 6-1.1-18.5 or (before January 1, 2009) IC 20-45-3. A project is not a controlled project even though the political subdivision has pledged to levy property taxes to pay the debt service or lease rentals if those other funds are insufficient.
(2) A project
(A) Two million dollars ($2,000,000).
(B) An amount equal to one percent (1%) of the total gross assessed value of property within the political subdivision on the last assessment date, if that amount is at least one million dollars ($1,000,000).
(3) A project that is being refinanced for the purpose of providing gross or net present value savings to taxpayers.
(4) A project for which bonds were issued or leases were entered into before January 1, 1996, or where the state board of tax commissioners has approved the issuance of bonds or the execution of leases before January 1, 1996.
(5) A project that is required by a court order holding that a federal law mandates the project.
(6) A project that:
(A) is in response to:
(i) a natural disaster;
(ii) an accident; or
(iii) an emergency;
in the political subdivision that makes a building or facility unavailable for its intended use; and
(B) is approved by the county council of each county in which the political subdivision is located.
(7) A project that was not a controlled project under this section as in effect on June 30, 2008, and for which:
(A) the bonds or lease for the project were issued or entered into before July 1, 2008; or
(B) the issuance of the bonds or the execution of the lease for the project was approved by the department of local government finance before July 1, 2008.
(8) A project of the Little Calumet River basin development commission for which bonds are payable from special assessments collected under IC 14-13-2-18.6.
(1) A controlled project (as defined in section 1.1 of this chapter as in effect June 30, 2008) for which the proper officers of a political subdivision make a preliminary determination in the manner described in subsection (b) before July 1, 2008.
(2) An elementary school building, middle school building, or other school building for academic instruction:
(A) that is a controlled project;
(B) that will be used for any combination of kindergarten through grade 8;
(C) that will not be used for any combination of grade 9 through grade 12; and
(D)
(3) A high school building or other school building for academic instruction:
(A) that is a controlled project;
(B) that will be used for any combination of grade 9 through grade 12;
(C) that will not be used for any combination of kindergarten through grade 8; and
(D)
(4) Any other controlled project
(A) that is not a controlled project described in subdivision (1), (2), or (3); and
(B)
following:
(i) Twelve million dollars ($12,000,000).
(ii) An amount equal to one percent (1%) of the total gross
assessed value of property within the political subdivision
on the last assessment date, if that amount is at least one
million dollars ($1,000,000).
(b) A political subdivision may not impose property taxes to pay
debt service on bonds or lease rentals on a lease for a controlled project
without completing the following procedures:
(1) The proper officers of a political subdivision shall:
(A) publish notice in accordance with IC 5-3-1; and
(B) send notice by first class mail to the circuit court clerk and
to any organization that delivers to the officers, before January
1 of that year, an annual written request for such notices;
of any meeting to consider adoption of a resolution or an
ordinance making a preliminary determination to issue bonds or
enter into a lease and shall conduct a public hearing on a
preliminary determination before adoption of the resolution or
ordinance. After June 30, 2013, the resolution or ordinance
making a preliminary determination to issue bonds or enter
into a lease must include a provision that specifies the
amounts of the political subdivision's cash the political
subdivision is reserving exclusively for expenditure on the
controlled project, if any.
(2) When the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease for
a controlled project, the officers shall give notice of the
preliminary determination by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the circuit court clerk and to the
organizations described in subdivision (1)(B).
(3) A notice under subdivision (2) of the preliminary
determination of the political subdivision to issue bonds or enter
into a lease for a controlled project must include the following
information:
(A) The maximum term of the bonds or lease.
(B) The maximum principal amount of the bonds or the
maximum lease rental for the lease.
(C) The estimated interest rates that will be paid and the total
interest costs associated with the bonds or lease.
(D) For a preliminary determination to issue bonds or
enter into a lease made after June 30, 2013, the amounts of
the political subdivision's cash the political subdivision is
reserving exclusively for expenditure on the controlled
project, if any.
(D) (E) The purpose of the bonds or lease.
(E) (F) A statement that any owners of property within the
political subdivision or registered voters residing within the
political subdivision who want to initiate a petition and
remonstrance process against the proposed debt service or
lease payments must file a petition that complies with
subdivisions (4) and (5) not later than thirty (30) days after
publication in accordance with IC 5-3-1.
(F) (G) With respect to bonds issued or a lease entered into to
open:
(i) a new school facility; or
(ii) an existing facility that has not been used for at least
three (3) years and that is being reopened to provide
additional classroom space;
the estimated costs the school corporation expects to incur
annually to operate the facility.
(G) (H) A statement of whether the school corporation expects
to appeal for a new facility adjustment (as defined in
IC 20-45-1-16 (repealed) before January 1, 2009) for an
increased maximum permissible tuition support levy to pay the
estimated costs described in clause (F). (G).
(H) (I) The political subdivision's current debt service levy and
rate and the estimated increase to the political subdivision's
debt service levy and rate that will result if the political
subdivision issues the bonds or enters into the lease.
(4) After notice is given, a petition requesting the application of
a petition and remonstrance process may be filed by the lesser of:
(A) one hundred (100) persons who are either owners of
property within the political subdivision or registered voters
residing within the political subdivision; or
(B) five percent (5%) of the registered voters residing within
the political subdivision.
(5) The state board of accounts shall design and, upon request by
the county voter registration office, deliver to the county voter
registration office or the county voter registration office's
designated printer the petition forms to be used solely in the
petition process described in this section. The county voter
registration office shall issue to an owner or owners of property
within the political subdivision or a registered voter residing
within the political subdivision the number of petition forms
requested by the owner or owners or the registered voter. Each
form must be accompanied by instructions detailing the
requirements that:
(A) the carrier and signers must be owners of property or
registered voters;
(B) the carrier must be a signatory on at least one (1) petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature; and
(D) govern the closing date for the petition period.
Persons requesting forms may be required to identify themselves
as owners of property or registered voters and may be allowed to
pick up additional copies to distribute to other owners of property
or registered voters. Each person signing a petition must indicate
whether the person is signing the petition as a registered voter
within the political subdivision or is signing the petition as the
owner of property within the political subdivision. A person who
signs a petition as a registered voter must indicate the address at
which the person is registered to vote. A person who signs a
petition as an owner of property must indicate the address of the
property owned by the person in the political subdivision.
(6) Each petition must be verified under oath by at least one (1)
qualified petitioner in a manner prescribed by the state board of
accounts before the petition is filed with the county voter
registration office under subdivision (7).
(7) Each petition must be filed with the county voter registration
office not more than thirty (30) days after publication under
subdivision (2) of the notice of the preliminary determination.
(8) The county voter registration office shall determine whether
each person who signed the petition is a registered voter. The
county voter registration office shall, not more than fifteen (15)
business days after receiving a petition, forward a copy of the
petition to the county auditor. Not more than ten (10) business
days after receiving the copy of the petition, the county auditor
shall provide to the county voter registration office a statement
verifying:
(A) whether a person who signed the petition as a registered
voter but is not a registered voter, as determined by the county
voter registration office, is the owner of property in the
political subdivision; and
(B) whether a person who signed the petition as an owner of
property within the political subdivision does in fact own
property within the political subdivision.
(9) The county voter registration office shall, not more than ten
(10) business days after receiving the statement from the county
auditor under subdivision (8), make the final determination of the
number of petitioners that are registered voters in the political
subdivision and, based on the statement provided by the county
auditor, the number of petitioners that own property within the
political subdivision. Whenever the name of an individual who
signs a petition form as a registered voter contains a minor
variation from the name of the registered voter as set forth in the
records of the county voter registration office, the signature is
presumed to be valid, and there is a presumption that the
individual is entitled to sign the petition under this section. Except
as otherwise provided in this chapter, in determining whether an
individual is a registered voter, the county voter registration office
shall apply the requirements and procedures used under IC 3 to
determine whether a person is a registered voter for purposes of
voting in an election governed by IC 3. However, an individual is
not required to comply with the provisions concerning providing
proof of identification to be considered a registered voter for
purposes of this chapter. A person is entitled to sign a petition
only one (1) time in a particular petition and remonstrance
process under this chapter, regardless of whether the person owns
more than one (1) parcel of real property, mobile home assessed
as personal property, or manufactured home assessed as personal
property, or a combination of those types of property within the
political subdivision and regardless of whether the person is both
a registered voter in the political subdivision and the owner of
property within the political subdivision. Notwithstanding any
other provision of this section, if a petition is presented to the
county voter registration office within forty-five (45) days before
an election, the county voter registration office may defer acting
on the petition, and the time requirements under this section for
action by the county voter registration office do not begin to run
until five (5) days after the date of the election.
(10) The county voter registration office must file a certificate and
each petition with:
(A) the township trustee, if the political subdivision is a
township, who shall present the petition or petitions to the
township board; or
(B) the body that has the authority to authorize the issuance of
the bonds or the execution of a lease, if the political
subdivision is not a township;
within thirty-five (35) business days of the filing of the petition
requesting a petition and remonstrance process. The certificate
must state the number of petitioners that are owners of property
within the political subdivision and the number of petitioners who
are registered voters residing within the political subdivision.
If a sufficient petition requesting a petition and remonstrance process
is not filed by owners of property or registered voters as set forth in this
section, the political subdivision may issue bonds or enter into a lease
by following the provisions of law relating to the bonds to be issued or
lease to be entered into.
(c) This subsection applies only to a political subdivision that, after
April 30, 2011, adopts an ordinance or a resolution making a
preliminary determination to issue bonds or enter into a lease subject
to this section and section 3.2 of this chapter. A political subdivision
may not artificially divide a capital project into multiple capital
projects in order to avoid the requirements of this section and section
3.2 of this chapter.
(1) The controlled project is described in one (1) of the following categories:
(A) An elementary school building, middle school building, or other school building for academic instruction:
(i) that will be used for any combination of kindergarten through grade 8;
(ii) that will not be used for any combination of grade 9 through grade 12; and
(iii)
(B) A high school building or other school building for academic instruction:
(i) that will be used for any combination of grade 9 through grade 12;
(ii) that will not be used for any combination of kindergarten through grade 8; and
(iii)
(C) Any other controlled project
subdivision:
(i) that is not a controlled project described in clause (A) or
(B); and
(ii) will cost the political subdivision more than for which
the amount financed will exceed the lesser of twelve
million dollars ($12,000,000) or an amount equal to one
percent (1%) of the total gross assessed value of property
within the political subdivision on the last assessment date
(if that amount is at least one million dollars ($1,000,000)).
(2) The proper officers of the political subdivision make a
preliminary determination after June 30, 2008, in the manner
described in subsection (b) to issue bonds or enter into a lease for
the controlled project.
(b) A political subdivision may not impose property taxes to pay
debt service on bonds or lease rentals on a lease for a controlled project
without completing the following procedures:
(1) The proper officers of a political subdivision shall publish
notice in accordance with IC 5-3-1 and send notice by first class
mail to the circuit court clerk and to any organization that delivers
to the officers, before January 1 of that year, an annual written
request for notices of any meeting to consider the adoption of an
ordinance or a resolution making a preliminary determination to
issue bonds or enter into a lease and shall conduct a public
hearing on the preliminary determination before adoption of the
ordinance or resolution. The political subdivision must make the
following information available to the public at the public hearing
on the preliminary determination, in addition to any other
information required by law:
(A) The result of the political subdivision's current and
projected annual debt service payments divided by the net
assessed value of taxable property within the political
subdivision.
(B) The result of:
(i) the sum of the political subdivision's outstanding long
term debt plus the outstanding long term debt of other taxing
units that include any of the territory of the political
subdivision; divided by
(ii) the net assessed value of taxable property within the
political subdivision.
(C) The information specified in subdivision (3)(A) through
(3)(G). (3)(I).
After June 30, 2013, the resolution or ordinance making a
preliminary determination to issue bonds or enter into a lease
must include a provision that specifies the amounts of the
political subdivision's cash the political subdivision is
reserving exclusively for expenditure on the controlled
project, if any.
(2) If the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease, the
officers shall give notice of the preliminary determination by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the circuit court clerk and to the
organizations described in subdivision (1).
(3) A notice under subdivision (2) of the preliminary
determination of the political subdivision to issue bonds or enter
into a lease must include the following information:
(A) The maximum term of the bonds or lease.
(B) The maximum principal amount of the bonds or the
maximum lease rental for the lease.
(C) The estimated interest rates that will be paid and the total
interest costs associated with the bonds or lease.
(D) For a preliminary determination to issue bonds or
enter into a lease made after June 30, 2013, the amounts of
the political subdivision's cash balances the political
subdivision is reserving exclusively for expenditure on the
controlled project, if any.
(D) (E) The purpose of the bonds or lease.
(E) (F) A statement that the proposed debt service or lease
payments must be approved in an election on a local public
question held under section 3.6 of this chapter.
(F) (G) With respect to bonds issued or a lease entered into to
open:
(i) a new school facility; or
(ii) an existing facility that has not been used for at least
three (3) years and that is being reopened to provide
additional classroom space;
the estimated costs the school corporation expects to annually
incur to operate the facility.
(G) (H) The political subdivision's current debt service levy
and rate and the estimated increase to the political
subdivision's debt service levy and rate that will result if the
political subdivision issues the bonds or enters into the lease.
(H) (I) The information specified in subdivision (1)(A)
through (1)(B).
(4) After notice is given, a petition requesting the application of the local public question process under section 3.6 of this chapter may be filed by the lesser of:
(A) one hundred (100) persons who are either owners of property within the political subdivision or registered voters residing within the political subdivision; or
(B) five percent (5%) of the registered voters residing within the political subdivision.
(5) The state board of accounts shall design and, upon request by the county voter registration office, deliver to the county voter registration office or the county voter registration office's designated printer the petition forms to be used solely in the petition process described in this section. The county voter registration office shall issue to an owner or owners of property within the political subdivision or a registered voter residing within the political subdivision the number of petition forms requested by the owner or owners or the registered voter. Each form must be accompanied by instructions detailing the requirements that:
(A) the carrier and signers must be owners of property or registered voters;
(B) the carrier must be a signatory on at least one (1) petition;
(C) after the signatures have been collected, the carrier must swear or affirm before a notary public that the carrier witnessed each signature; and
(D) govern the closing date for the petition period.
Persons requesting forms may be required to identify themselves as owners of property or registered voters and may be allowed to pick up additional copies to distribute to other owners of property or registered voters. Each person signing a petition must indicate whether the person is signing the petition as a registered voter within the political subdivision or is signing the petition as the owner of property within the political subdivision. A person who signs a petition as a registered voter must indicate the address at which the person is registered to vote. A person who signs a petition as an owner of property must indicate the address of the property owned by the person in the political subdivision.
(6) Each petition must be verified under oath by at least one (1) qualified petitioner in a manner prescribed by the state board of accounts before the petition is filed with the county voter registration office under subdivision (7).
(7) Each petition must be filed with the county voter registration
office not more than thirty (30) days after publication under
subdivision (2) of the notice of the preliminary determination.
(8) The county voter registration office shall determine whether
each person who signed the petition is a registered voter.
However, after the county voter registration office has determined
that at least one hundred twenty-five (125) persons who signed
the petition are registered voters within the political subdivision,
the county voter registration office is not required to verify
whether the remaining persons who signed the petition are
registered voters. If the county voter registration office does not
determine that at least one hundred twenty-five (125) persons who
signed the petition are registered voters, the county voter
registration office, not more than fifteen (15) business days after
receiving a petition, shall forward a copy of the petition to the
county auditor. Not more than ten (10) business days after
receiving the copy of the petition, the county auditor shall provide
to the county voter registration office a statement verifying:
(A) whether a person who signed the petition as a registered
voter but is not a registered voter, as determined by the county
voter registration office, is the owner of property in the
political subdivision; and
(B) whether a person who signed the petition as an owner of
property within the political subdivision does in fact own
property within the political subdivision.
(9) The county voter registration office, not more than ten (10)
business days after determining that at least one hundred
twenty-five (125) persons who signed the petition are registered
voters or after receiving the statement from the county auditor
under subdivision (8) (as applicable), shall make the final
determination of whether a sufficient number of persons have
signed the petition. Whenever the name of an individual who
signs a petition form as a registered voter contains a minor
variation from the name of the registered voter as set forth in the
records of the county voter registration office, the signature is
presumed to be valid, and there is a presumption that the
individual is entitled to sign the petition under this section. Except
as otherwise provided in this chapter, in determining whether an
individual is a registered voter, the county voter registration office
shall apply the requirements and procedures used under IC 3 to
determine whether a person is a registered voter for purposes of
voting in an election governed by IC 3. However, an individual is
not required to comply with the provisions concerning providing
proof of identification to be considered a registered voter for
purposes of this chapter. A person is entitled to sign a petition
only one (1) time in a particular referendum process under this
chapter, regardless of whether the person owns more than one (1)
parcel of real property, mobile home assessed as personal
property, or manufactured home assessed as personal property or
a combination of those types of property within the political
subdivision and regardless of whether the person is both a
registered voter in the political subdivision and the owner of
property within the political subdivision. Notwithstanding any
other provision of this section, if a petition is presented to the
county voter registration office within forty-five (45) days before
an election, the county voter registration office may defer acting
on the petition, and the time requirements under this section for
action by the county voter registration office do not begin to run
until five (5) days after the date of the election.
(10) The county voter registration office must file a certificate and
each petition with:
(A) the township trustee, if the political subdivision is a
township, who shall present the petition or petitions to the
township board; or
(B) the body that has the authority to authorize the issuance of
the bonds or the execution of a lease, if the political
subdivision is not a township;
within thirty-five (35) business days of the filing of the petition
requesting the referendum process. The certificate must state the
number of petitioners who are owners of property within the
political subdivision and the number of petitioners who are
registered voters residing within the political subdivision.
(11) If a sufficient petition requesting the local public question
process is not filed by owners of property or registered voters as
set forth in this section, the political subdivision may issue bonds
or enter into a lease by following the provisions of law relating to
the bonds to be issued or lease to be entered into.
(c) If the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease, the
officers shall provide to the county auditor:
(1) a copy of the notice required by subsection (b)(2); and
(2) any other information the county auditor requires to fulfill the
county auditor's duties under section 3.6 of this chapter.
JULY 1, 2013]: Sec. 3.6. (a) Except as provided in sections 3.7 and 3.8
of this chapter, this section applies only to a controlled project
described in section 3.5(a) of this chapter.
(b) If a sufficient petition requesting the application of the local
public question process has been filed as set forth in section 3.5 of this
chapter, a political subdivision may not impose property taxes to pay
debt service on bonds or lease rentals on a lease for a controlled project
unless the political subdivision's proposed debt service or lease rental
is approved in an election on a local public question held under this
section.
(c) Except as provided in subsection (l), the following question shall
be submitted to the eligible voters at the election conducted under this
section:
"Shall ________ (insert the name of the political subdivision)
issue bonds or enter into a lease to finance ___________ (insert
a brief description of the controlled project), for which is the
estimated to cost amount to be financed is not more than
_______ (insert the total cost of amount to be financed for the
project) and is estimated to increase the property tax rate for debt
service by ___________ (insert increase in tax rate as determined
by the department of local government finance)?".
The public question must appear on the ballot in the form approved by
the county election board. If the political subdivision proposing to issue
bonds or enter into a lease is located in more than one (1) county, the
county election board of each county shall jointly approve the form of
the public question that will appear on the ballot in each county. The
form approved by the county election board may differ from the
language certified to the county election board by the county auditor.
If the county election board approves the language of a public question
under this subsection, the county election board shall submit the
language to the department of local government finance for review.
(d) This subsection applies to ballot language submitted by the
county election board under subsection (c) before May 1, 2011. The
department of local government finance shall review the language of
the public question to evaluate whether the description of the
controlled project is accurate and is not biased against either a vote in
favor of the controlled project or a vote against the controlled project.
The department of local government finance may recommend that the
ballot language be used as submitted or recommend modifications to
the ballot language as necessary to ensure that the description of the
controlled project is accurate and is not biased. The department of local
government finance shall send its recommendations to the county
election board not more than ten (10) days after the language of the
public question is submitted to the department for review. After
reviewing the recommendations of the department of local government
finance under this subsection, the county election board shall take final
action to approve ballot language. The finally adopted ballot language
may differ from the recommendations made by the department of local
government finance.
(e) This subsection applies to ballot language submitted by the
county election board under subsection (c) after April 30, 2011. The
department of local government finance shall review the language of
the public question to evaluate whether the description of the
controlled project is accurate and is not biased against either a vote in
favor of the controlled project or a vote against the controlled project.
The department of local government finance may either approve the
ballot language as submitted or recommend that the ballot language be
modified as necessary to ensure that the description of the controlled
project is accurate and is not biased. The department of local
government finance shall certify its approval or recommendations to
the county auditor and the county election board not more than ten (10)
days after the language of the public question is submitted to the
department for review. If the department of local government finance
recommends a modification to the ballot language, the county election
board shall, after reviewing the recommendations of the department of
local government finance, submit modified ballot language to the
department for the department's approval or recommendation of any
additional modifications. The public question may not be certified by
the county auditor under subsection (f) unless the department of local
government finance has first certified the department's final approval
of the ballot language for the public question.
(f) The county auditor shall certify the finally approved public
question under IC 3-10-9-3 to the county election board of each county
in which the political subdivision is located. The certification must
occur not later than noon:
(1) sixty (60) days before a primary election if the public question
is to be placed on the primary or municipal primary election
ballot; or
(2) August 1 if the public question is to be placed on the general
or municipal election ballot.
Subject to the certification requirements and deadlines under this
subsection and except as provided in subsection (l), the public question
shall be placed on the ballot at the next primary election, general
election, or municipal election in which all voters of the political
subdivision are entitled to vote. However, if a primary election, general
election, or municipal election will not be held during the first year in
which the public question is eligible to be placed on the ballot under
this section and if the political subdivision requests the public question
to be placed on the ballot at a special election, the public question shall
be placed on the ballot at a special election to be held on the first
Tuesday after the first Monday in May or November of the year. The
certification must occur not later than noon sixty (60) days before a
special election to be held in May (if the special election is to be held
in May) or noon on August 1 (if the special election is to be held in
November). However, in 2009, a political subdivision may hold a
special election under this section on any date scheduled for the special
election if notice of the special election was given before July 1, 2009,
to the election division of the secretary of state's office as provided in
IC 3-10-8-4. The fiscal body of the political subdivision that requests
the special election shall pay the costs of holding the special election.
The county election board shall give notice under IC 5-3-1 of a special
election conducted under this subsection. A special election conducted
under this subsection is under the direction of the county election
board. The county election board shall take all steps necessary to carry
out the special election.
(g) The circuit court clerk shall certify the results of the public
question to the following:
(1) The county auditor of each county in which the political
subdivision is located.
(2) The department of local government finance.
(h) Subject to the requirements of IC 6-1.1-18.5-8, the political
subdivision may issue the proposed bonds or enter into the proposed
lease rental if a majority of the eligible voters voting on the public
question vote in favor of the public question.
(i) If a majority of the eligible voters voting on the public question
vote in opposition to the public question, both of the following apply:
(1) The political subdivision may not issue the proposed bonds or
enter into the proposed lease rental.
(2) Another public question under this section on the same or a
substantially similar project may not be submitted to the voters
earlier than:
(A) the comparable election date in May or November in
the immediately following year, if the vote on the previous
public question was held on a May or November election
date; or
(B) one (1) year after the date of the election, if the vote on
the previous public question was held at a special election.
(j) IC 3, to the extent not inconsistent with this section, applies to an
election held under this section.
(k) A political subdivision may not artificially divide a capital
project into multiple capital projects in order to avoid the requirements
of this section and section 3.5 of this chapter.
(l) This subsection applies to a political subdivision for which a
petition requesting a public question has been submitted under section
3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
the political subdivision may adopt a resolution to withdraw a
controlled project from consideration in a public question. If the
legislative body provides a certified copy of the resolution to the county
auditor and the county election board not later than forty-nine (49) days
before the election at which the public question would be on the ballot,
the public question on the controlled project shall not be placed on the
ballot and the public question on the controlled project shall not be
held, regardless of whether the county auditor has certified the public
question to the county election board. If the withdrawal of a public
question under this subsection requires the county election board to
reprint ballots, the political subdivision withdrawing the public
question shall pay the costs of reprinting the ballots. If a political
subdivision withdraws a public question under this subsection that
would have been held at a special election and the county election
board has printed the ballots before the legislative body of the political
subdivision provides a certified copy of the withdrawal resolution to
the county auditor and the county election board, the political
subdivision withdrawing the public question shall pay the costs
incurred by the county in printing the ballots. If a public question on a
controlled project is withdrawn under this subsection, a public question
under this section on the same controlled project or a substantially
similar controlled project may not be submitted to the voters earlier
than one (1) year after the date the resolution withdrawing the public
question is adopted.
(m) If a public question regarding a controlled project is placed on
the ballot to be voted on at a public question under this section, the
political subdivision shall submit to the department of local
government finance, at least thirty (30) days before the election, the
following information regarding the proposed controlled project for
posting on the department's Internet web site:
(1) The cost per square foot of any buildings being constructed as
part of the controlled project.
(2) The effect that approval of the controlled project would have
on the political subdivision's property tax rate.
(3) The maximum term of the bonds or lease.
(4) The maximum principal amount of the bonds or the maximum
lease rental for the lease.
(5) The estimated interest rates that will be paid and the total
interest costs associated with the bonds or lease.
(6) For a preliminary determination to issue bonds or enter
into a lease made after June 30, 2013, the amounts of the
political subdivision's cash balances the political subdivision
is reserving exclusively for expenditure on the controlled
project, if any.
(6) (7) The purpose of the bonds or lease.
(7) (8) In the case of a controlled project proposed by a school
corporation:
(A) the current and proposed square footage of school building
space per student;
(B) enrollment patterns within the school corporation; and
(C) the age and condition of the current school facilities.
(1) the amount reserved does not exceed the cash available to the political subdivision at the time the money is reserved;
(2) none of the amount reserved has been designated for another purpose; and
(3) the expenditure of the amount reserved for the controlled project is otherwise authorized by law.
( b) If a political subdivision:
(1) is authorized to issue bonds or enter into a lease for a controlled project under this chapter;
(2) had reserved cash of the political subdivision exclusively for expenditure on the controlled project in a resolution or ordinance adopted under this chapter making a preliminary determination to issue bonds or enter into a lease for the controlled project;
(3) proceeds with the controlled project and its financing after complying with the applicable provisions of this chapter; and
(4) does not spend the cash reserved in the preliminary
determination described in subdivision (2);
the part of the political subdivision's levy for the controlled project
is void.
(c) If a political subdivision:
(1) has reserved cash for expenditure on a controlled project
in a preliminary determination to issue bonds or enter into a
lease; and
(2) the political subdivision:
(A) is not authorized to proceed with the controlled project
because the result of the petition and remonstrance process
or the referendum process is negative; or
(B) withdraws its intention to proceed with the controlled
project;
the cash reserved for the controlled project in the preliminary
determination to issue bonds or enter into a lease is released for
other lawful uses by the political subdivision.
(1) the school corporation may not make any levy for its referendum tax levy fund; and
(2) another referendum under this section may not be held
(A) the comparable election date in May or November in the immediately following year, if the previous referendum was held on a May or November election date; or
(B) one (1) year after the date of the referendum, if the previous referendum was held at a special election.
